Title 30 TAC 116.410 - 418, September 1, 1995Synopsis of specific rules from air permitting that were in effect on this date.https://www.tceq.texas.gov/permitting/air/permitbyrule/historical_rules/old116/995/410.htmlhttps://www.tceq.texas.gov/@@site-logo/tceqlogo-3colors.gif

Title 30 TAC 116.410 - 418, September 1, 1995

Synopsis of specific rules from air permitting that were in effect on this date.

The owner or operator of a facility may apply to the executive
director for an emergency order to authorize immediate action for
the addition, replacement, or repair of facilities or control
equipment, and authorizing associated emissions of air
contaminants, whenever a catastrophic event necessitates such
construction and emissions otherwise precluded under the Texas
Clean Air Act. For purposes of this section, a catastrophic event
is an unforeseen event including, but not limited to, an act of
God, an act of war, severe weather conditions, explosions, fire, or
other similar occurrences beyond the reasonable control of the
operator, which renders a facility or its functionally related
appurtenances inoperable.

116.411 Application for an
Emergency Order

The owner or operator of a facility who applies for an emergency
order shall submit a sworn application which contains all of the
following:

(1) a statement that the proposed construction and emissions are
essential to prevent loss of life, serious injury, severe property
damage, or severe economic loss not attributable to the applicant's
actions, and are necessary for the addition, replacement, or repair
of facilities or control equipment necessitated by a catastrophic
event;

(2) a description of the catastrophic event;

(3) a statement that there are no practicable alternatives to
the proposed construction and emissions;

(4) a statement that the emissions will not cause or contribute
to a condition of air pollution;

(5) a statement that the proposed construction and emissions
will occur only at the property where the catastrophic event
occurred or on other property owned by the owner or operator of the
damaged facility, which produces the same intermediates, products,
or by-products, providing no more than a de minimis increase will
occur in the predicted concentration of the air contaminants at or
beyond the property line at such other property;

(6) a description of the proposed construction and the type and
quantity of air contaminants to be emitted;

(7) an estimate of the dates on which the proposed construction
and emissions will begin and end;

(8) an estimate of the date on which the facility will begin
operation; and

(9) any other information or item the executive director may
require to support or explain the need for, or to expedite the
issuance of, an emergency order; including information regarding
the applicability of and compliance with any federal requirements
for new or modified sources.

116.412 Public
Notification

The Texas Natural Resource Conservation Commission (TNRCC) shall
publish notice of the issuance of an emergency order in the
Texas Register as soon as practicable after issuance of the
order. If the order is issued prior to a hearing, the order shall
fix a time and location for a hearing which is to be held as soon
as practicable after the order is issued. The TNRCC shall publish
notice of any hearing in theTexas Register not later than
the 10th day prior to the date set for the hearing, plus give any
other general notice determined by the executive director to be
warranted and practicable under the circumstances. Notice of the
issuance and notice of the hearing may be consolidated for
publication in theTexas Register.

116.413 Public Hearing for an
Emergency Order

A public hearing on the merits and needs of an emergency order
shall be held either prior to or following issuance of the order.
If the hearing is held prior to issuance of a proposed emergency
order, the Commission shall affirm the order as proposed, issue a
modified order, or deny and set aside the order. If the hearing is
held following issuance of an emergency order, the Commission shall
affirm, modify, or set aside the order as issued. Any hearing on an
emergency order shall be conducted by the Commission or a hearings
examiner of the Commission in accordance with provisions of the
Administrative Procedure and Texas Register Act, Texas Civil
Statutes, Article 6252-13a, and § § 103.41-103.65 of this
title (relating to Procedural Rules).

116.414 Affirmation of an
Emergency Order

The Commission shall affirm a proposed or issued order if the
applicant shows at the hearing, by a preponderance of the evidence,
that:

(1) the proposed construction and emissions are essential to
prevent loss of life, serious injury, severe property damage, or
severe economic loss not attributable to the applicant's actions
and are necessary for the addition, replacement, or repair of
facilities or control equipment that is necessitated by a
catastrophic event;

(2) there are no practicable alternatives to the proposed
construction and emissions;

(3) the emissions will not cause or contribute to a condition of
air pollution;

(4) the proposed construction or emissions will occur only:

(A) at property where the catastrophic event occurred; or

(B) at other property owned by the owner or operator of the
damaged facility which produces the same intermediates, products,
or by-products, so long as there will be no more than a de
minimis increase in the predicted concentration of the air
contaminants at or beyond the property line at such other
property;

(5) the time limits in the order for the beginning and
completion of the proposed construction and emissions are
reasonable; and

(6) the schedule in the order for submission of a complete
permit application is reasonable.

116.415 Contents of an
Emergency Order

An emergency order issued by the executive director shall
contain at least the following:

(1) a description of the emergency construction and emissions to
be authorized;

(2) reasonable time limits for the beginning and the completion
of the proposed construction and emissions;

(3) authorization for action only at the property where the
catastrophic event occurred or on other property owned by the owner
or operator of the damaged facility, which also produces the same
intermediates, products, or byproducts, provided there will be no
more than a de minimis increase in the concentration of air
contaminants at or beyond the property line at such other property;
and

(4) a schedule for submission of a complete construction permit
application under provisions of the Texas Clean Air Act, §
382.0518.

116.416 Requirement To Apply
for a Permit or Modification

The owner or operator of a facility for which an emergency order
has been issued shall submit an application within 60 days of
issuance of the order pursuant to the Texas Clean Air Act (TCAA),
§ 382.063, and in accordance with provisions of the TCAA,
§ 382.0518, and with Subchapter B of this chapter (relating to
New Source Review Permits). The application shall be reviewed and
acted upon by the executive director without regard to construction
activity authorized by the emergency order. The appropriate permit
fee shall be due and payable pursuant to the undesignated head
Permit Fees in Subchapter B of this chapter. Costs and expenses
related to additions, replacement, or repair of facilities or
control equipment shall not be a consideration in any determination
in the review of this application.

116.417 Modification of an
Emergency Order

The Commission shall modify a proposed or issued order if the
hearing record shows that:

(1) construction and emissions otherwise precluded under the
Texas Clean Air Act are essential to prevent loss of life, serious
injury, severe property damage, or severe economic loss not
attributable to the applicant's actions and are necessary for the
addition, replacement, or repair of facilities or control equipment
that is necessitated by a catastrophic event;

(2) there is no practicable alternative to such construction and
emissions; and

(3) modification of certain terms of the proposed or issued
order is necessary to make the order, construction, and/or
emissions meet the requirements stated in § 116.414 of this
title (relating to Affirmation of an Emergency Order).

116.418 Setting Aside an
Emergency Order

The Commission shall set aside a proposed or issued order if the
hearing record does not show, in accordance with § 116.414 of
this title (relating to Affirmation of an Emergency Order) or
§ 116.417 of this title (relating to Modification of an
Emergency Order), that the order should be either affirmed or
modified and adopted as modified.